Research & commentary
Perspectives on creditor liquidity, claim valuation, and distressed situations from the VL Capital team.
Clawback actions recover pre-bankruptcy payments to ensure equity among creditors. Creditors can defend claims using Ordinary Course, Contemporaneous Exchange (COD), or Subsequent New Value exemptions. Monitor clients to manage risk.
Trade confirmations are meant to secure claim pricing early, but buyers can weaponize them. By omitting deadlines and leveraging strict NY law, buyers create a "free option"—forcing a close if profits rise or walking away if they drop.
Claims Trading represents a niche within the distressed debt investment world where buyers provide sellers immediate liquidity for illiquid assets in exchange for the opportunity to recover more than the amount paid to the seller.
Following the SCOTUS ruling striking down IEEPA tariffs, the focus is on universal refunds. Entries liquidated over 90 days cannot use 19 USC 1501 and require CIT lawsuits under 28 USC 1581(i)—a path underutilized due to cost and confusion.
To import goods into the U.S., the Importer of Record must register in ACE and obtain a customs bond. After arrival, entry data is filed for release, duties are paid via Form 7501, and CBP finalizes the entry through liquidation.
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